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Summary of differences between federal and state regulations
The federal law does not spell out actual hours that must be worked in a work day. Under the Fair Labor Standards Act, the workweek ordinarily includes all the time during which an employee is required to be:
- On the employer's premises,
- On duty, or
- At a prescribed work place.
North Dakota spells out several situations that are considered worktime.
Attendance at lectures, meetings, training programs, and similar activities need not be counted as working time if all the following four criteria are met:
a. Attendance is outside of the employee's regular working hours.
b. Attendance is in fact voluntary.
c. The course, lecture, or meeting is not directly related to the employee's job.
d. The employee does not perform any productive work during such attendance.
Training or education mandated by the state, federal government, or any political subdivision for a specific occupation need not be counted as work time.
Ordinary travel from home to work need not be counted as work time. Special and unusual one-day assignments performed for the employer's benefit and at the employer's request is work time for the employee regardless of driver or passenger status. Travel away from home is work time when performed during the employee's regular working hours. Time spent traveling on nonworking days during regular working hours is work time. The time spent as a passenger on an airplane, train, bus, or automobile after normal working hours is not work time. The driver of a vehicle is working at anytime when required to travel by the employer. Travel time from jobsite to jobsite, or from office to jobsite, is work time to be compensated. Activities which are merely incidental use of an employer-provided vehicle for commuting home to work are not considered part of the employee's principal activity and therefore need not be counted as work time.
Standby time on the employer's premises, or “on call” as in an engaged to wait manner is work time to be compensated. Waiting to be engaged is not required to be compensated as work time.
If an employee is required to be on duty for twenty-four hours or more, the employer and the employee may agree to exclude bona fide meal periods and bona fide regularly scheduled sleeping periods of not more than eight hours from hours worked, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted sleep. If the sleeping period is more than eight hours, only eight hours will be deducted from hours worked. If the sleeping period is interrupted by a call to duty, the interruption must be counted as hours worked. If the period is interrupted to such an extent that the employee cannot get a reasonable night's sleep, the entire period must be counted as work time.
Time clocks are not required. If used, the employer may round the time to the nearest five minutes or quarter hour using the total minutes for the day as long as the employee over a period of time is paid for all the time the employee has actually worked. Employees who voluntarily clock in before their regular starting time or remain after closing time do not have to be compensated provided that no work is performed.
State
Contact
North Dakota Department of Labor—Wage and Hour Division
Regulations
Chapter 46-02-07, North Dakota Minimum Wage and Work Conditions Order 46-02-07-02. Standards That Apply.
Federal
Contact
The Department of Labor is the federal agency that monitors hours worked.
Regulations
U.S. labor regulations for hours worked can be found in CFR 29: